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How Disclaimers in a Contract Can Defeat a Breach of Implied Warranty Claim Under NY Law

I was recently confronted with an interesting question: an old acquaintance of mine paid for an exclusive license to market and sell a certain technology that was patented.
There was one “small” problem, however: the technology didn’t work.
So, you would think that my acquaintance should have no problem recovering his downpayment for the exclusive license fee [...]

How Much Writing is Enough to Qualify as a “Written Agreement” Under NY Law?

Not terribly much, according to a recent decision from a Queens County trial court.
In Phone Card America, Inc. v. Quality Discount Equipment Sellers, LLC, the defendant sold plaintiff a specialized printing press for the express purpose of printing phone cards. Unfortunately, despite plaintiff’s numerous efforts to have the press’s problems  both diagnosed and repaired, they [...]

Why Many Implied Warranty Claims Fail Under New York Law

By way of background, implied warranties are primarily applied in two contexts in New York: (1) in the breach of contract for goods context;  and, (2) where a product was not safe for its intended use, i.e.,  in the defective consumer products context (for more on the latter category, please see “How to Prove a [...]